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2015-09-22_Hassoldt Nuccion MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS SEPTEMBER 22, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 4:04 p.m. on Tuesday, September 22, 2015 in the City Council Chamb�r, at City Hall, 2 Poriuguese Bend Raad, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Yolanta Schwartz,Planning Director. Heidi Luce, City Clerk. Shahiedah Coates,Assistant City Attorney. David De La Torre,Arborist. Howard Weinberg,Attorney(Nuccion). Mir. and Mrs. William Hassaldt. Mr. Randy Stamen,Attomey(Hassoldt}. PUBLIC COMMENTS ON MIl�`[JTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES MINiJ'TES OF A MEETING OF TI� COMMITTEE ON TREES AND VIEWS, TUESDAY, JULY 7, 2015 (HASS4LDT/NUCCION} Committee Member Chelf moved that the Committee approve the minutes of the Committee an Trees and Views meeting held on Tuesday, Ju1y 7, 2015 as presented. Committee Member Gray seconded the motion which carried without objecdon. MINLTTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, JULY 21, 2Q15 (HASSOLDTINUCCIOI� Committee Member Chelf moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, July 21, 2015 as presented. Committee Member Crray seconded the motion which carried without objection. CONTINUED PUBL�C HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT'THE FOLLOWING LOCATION: LOCATION�F TREES: 15 P4RTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Chairperson Smith introduced the item and asked for stai�s comments. Planning Director Schwartz sta.ted that this is a continued public hearing regarding a View Impairment Complain� fiIed by Dr. and Mrs. Stephen Nuccion of 18 Portuguese Bend Road against trees lacated at the property owned by Mr. Mznutes Committee on Trees and Views 09-22-15 _1_ and Mrs. William Hassoldt at 15 Portuguese Bend Road. She stated that the Committee has held several public hearings on this case and at its last meeting,the Cammittee requested that an independent arborist be hired ta prepare a report to help determine whether the trees under consideration are mature or mahzring, as required by the provisions set forth in Measure B. She stated that after requesting proposals from several arborists, David De La Torre was selected to prepare the report and the Nuccions paid for those services. She briefly reviewed Mr. De La Torre's report stating that the repart indicates that nine of the 11 trees in question are mature and not eligible for remediation although he recommends that the trees be trimrned to restore the health of the trees. Planning Directar Schwartz further stated that the Committee received correspondence froxr� Mr. Weinberg on behalf af the Nuccions that includes a repart by another arborist,Arbor Global prepared by Kevin Eckert and the report was forwarded to the Committee and placed on the dais. She further stated that a correspandence was also received from the Hassoldts regarding a previous correspondence they received from the Nuccians. She then stated that Assistant City Attorney Coates would address both correspondences. Assistant City Attorney Coates began with reviewing the last correspondence received, which was from the Hassoltds and contained a document regarding prior settlement discussions between the parties that was previously received and discussed by the CoFnmittee. She stated that this correspondence is not relevant to this case and should not be discussed. Regarding Mr. Weinberg's correspondence, Ms. Caates stated that it was submitted on Monday and forwarded ta the Committee for their review. She sta.ted that the letter challenges Mr. De La Torre's credentials and includes another arborist's r�port disputing Mr. De La Torre's findings. With regard to the issue of Mr. De La Torre's credentials, she stated that Mr. De La Torre is a certified arborist and meets the requixements of an independent contractor far this purpose and limited scope of work. With regard to the arborist's report that was attached to Mr. Weinberg's letter, she stated that it uses tree height as a factor in determining mature. She noted that the report acknowledges that the m�im�un potential height of a tree can be affected by several factors including: weather, watering and pruning. She stated that the record in this case shows that in the past, the trees at issue had been regularly pruned as refer�red#o in Mr. De La Torre's report; but it is not discussed in the arborist's report attached to Mr. Weinberg's letter. She further stated that Mr. Weinberg's letter also requests that the arborist, Mr. Eckert be allow to speak to the Committee via telephone, but staff recommends against that because the City does not typically allow public comment via telephane. Ms. Caates further reviewed where the Committee is at this point. She stated that the Committee has determined that the Nuccion's had a view; and that the view is impaired by the trees at issue. She stated that Yhe Committee has yet to determine if the trees that impair the view were mature when the Nuccion's acquired the property in 2009. She further stated tha# the Committee has received a lot of information that can be used to make that decision. Given that the Committee has heard from both parties se�eral hmes, she recammended that the Committee take public comment to hear fram Mr. De La Torre wi#h any additional :information in support o�his report; and then after any addifional public comment, commence deliberations. David De La Torre, Certified Arborist addressed the Committee to further explain his report and to respond to Mr. Eckert's report that was submitted by Mr. Weinberg. He no�ed that Mr. Eckert did not visit the site and that Mr. Eckert's report uses anly tree height as the factor for determining maturity. Mr. De La Torre stated that he wa�ked the property and measured the trees to aid in determining the tree rnaturity. He stated that a mature tree is a tree that has reached 20-80% of its potential. He commented that trees in question will likely ne�er reach their fuil rnature height because they have been topped previously and as such,height alone should not be used as the only factor in determining the maturity of a tree. He stated that he used formulas that consider the trunk width, diameter at breast height (DBH} and other factors to determine the mat�rity of the trees in question. Brief discussion ensued concerning the cancept of a tree being mature at 20-80% of its life. Committee Member Chelf expressed concern that i£that is the case, all the trees in the City could be considered mature if the lower end of the range is used. Committee Member Gray expressed cancern that the ages determined by Mr. De La Torre's calculations may be inaccurate given that there were virtually no trees in the City when it was develaped in 1936 accarding to a A.E. Hanson's book Roiling Hills: The Early Years (p. 49). Assistant City Attorney Caates asked that a copy of that page o£the book be included in the record. In response, Mr. De La Minutes Committee on Trees and Views 09-22-15 -2- Torre stated that the caiculations were intended to be a rough estimate so that the trees would not have to be damag�d or cut down in order to make the determinatian. Discussion ensued concerning the age of trees and the possibility that some of the trees cauld have been brought in as boxed trees. Further discussion ensued concerning the discrepancy between the reports. Chairpezson Smith then called for pubXic comment and asked that the comments be limited to three minutes. Howard Weinberg, Attorney addressed the Committee on behalf of the Nuccians stating that the intention of his letter it to aid the Committee in making its determinatian regarding the maturi#y issue. He sta.ted that by ISA definition a mafi�ring tree is a tree that continues to grow skyward and the crown continues to spread until it reaches senescence. Randy Starmen, ISA Certified Arborist and Attorney addressed the Committee on behalf of the Hassoldts stating that a tree wilt continue ta grow throughout its life, but a ttee has reached maturity when it stops having cxplosive growth similar to humans. He further stated the Mr. De La Torre's report is the most neutral opinion that the Committee has received. William Hassoldt, 10 Pine Tree Lane (15 Portuguese Bend Road) addressed the Committee regarding the 1937 photograph stating that he enlarged i�and there were many trees in the area at that time. Hearing no further public comment, Chairperson Smith clased the public hearing and the Committee began its deliberation. Discussion ensued concerning the various defmitions of rnature and the difficulty that Measure B imposes in having to make that determination. Committee Member Chelf commented that he does not believe that the trees are mature; and as stated in Mr. De La Tarre's report, he feels it would be healthy for the trees to be trimmed. Committee Member Gray commented that the Committee's task is to make a sub�ective judgment and in his mind, he does not believe t1�e trees in question are sp�cimen trees that should be exempted from action. Committee Me�nber Che�f further commented that he feels that the two �live trees may be in the mature tree category, in that they could have been brought in as boxed trees. Committee Member Gray concurred and �urther stated that having reviewed all of the reports areceived, he feels the Cammittee has enough information to make its determination and because of the conflicting reports, it comes down to a property by property, tree by tree basis. The Committee concurred that the evidence submitted hasn't been overwhelmingly convincing either way. Chairperson Smith suggested that the Committee go back the Resolution it ariginally considered and add a finding that the Committee did not receive substantial evidence to indicate that the trees are mature. Committee Member Chelf concurred but suggested that the two Olive trees be exempted because they are mature. Committee Member Chelf moved that the Committee directe staff ta bring the Resolution back to the Committee with the original fmdings and actions plus additional findings that the twa Olive trees should be exempted because they are mature; and that the rest o�the ttees are eligible for remediation because there was not enough substantial evidence to indicate that they were mature in 2009. Committee Member Gray seconded the motion. Discussion ensued concerning which two Olive iarees are considered mature because the matrix o#'trees Iisted a total of faur Olive trees. Following discussion, the motion was clarified to include that the Olive trees labeled Tree #4A and Tree #7 are not mature; and the Olive trees labeled Tree #9 and#9A are mature and thus exempted from action. Following the discussion and clarification,�he motion car�ied without obj ection. ADJOURNMENT Hearing no fuxther bttsiness be£ore the Committee, Chairperson Smith ad�ourned the meeting at 5:03 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Wednesday, October 7, 2015 beginning at 5:00 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Ralling Hilis, California. Respectfully submitted, ��?,�� � --� Heidi Luce City Clerk Minutes Committee on Trees and Views 09-22-15 _3- Apprav�d, � /Jr]r� J /5��r �C/♦ i/�r-v J . Smith Chairperson Minutes Committee on Trees and Views 09-22-15 -4-